Molefe takes fight to ANC
Former Eskom boss tells court minister’s U-turn was influenced by party
Axed Eskom boss Brian Molefe has blamed the ANC for dictating to Public Enterprises Minister Lynne Brown to make a Uturn from her previous position on his controversial reinstatement as the power utility’s chief executive officer (CEO).
Brown initially stated that Eskom would benefit from Molefe’s return but later changed her mind, claiming his alleged early retirement was a façade to justify irregular conduct.
“The minister’s opposition is not only contradictory to her previous position adopted in the high court, but her conduct is under dictation from the ANC,” reads Molefe’s heads of argument prepared by his advocate Noel Graves SC and two other counsels.
Yesterday, Labour Court Judge Christina Prinsloo admitted the DA and the EFF’s as intervening parties in Molefe’s bid to have the termination of his reinstatement agreement declared unlawful.
Prinsloo also ordered Molefe to pay the costs of the application. She said she would provide the reasons for her decision later.
Molefe had opposed the two opposition parties’ intervention, with Graves accusing the DA and the EFF of being engaged in “political lawfare” and seeking a “bloodless victory”.
He described the sole purpose of their applications to intervene as a “political, rather than a legal step”.
The EFF’s advocate Tembeka Ngcukaitobi said Molefe’s opposition to the political parties’ intervention was a “frivolous objection”.
“This man [Molefe] is simply not suitable to head up an important state institution like Eskom,” said Ngcukaitobi.
Paul Kennedy SC, for the DA, said Molefe’s opposition to their intervention was ill-advised.
He accused Molefe of trying to influence the North Gauteng High Court in Pretoria on the matter brought by the DA and the EFF against him.
“The DA and the EFF have a direct and substantial interest in the matter,” Kennedy said.
At the high court, the DA wants Molefe interdicted from performing any duties as Eskom CEO or benefiting from the position, including getting a R30-million golden handshake.
The EFF asked the high court to order Brown to fire all Eskom board members and declare Molefe’s reinstatement as unlawful, unconstitutional, irrational and invalid.
In an affidavit, acting Eskom chairman Zethembe Khoza told the Labour Court that the power utility would abide by Prinsloo’s decision.
Khoza said that, by rescinding Molefe’s early retirement, Eskom’s board was complying with Brown’s directive.
“The fight in this matter is between Mr Molefe and the minister, and in her answering affidavit, [she] has defended her directive,” Khoza’s affidavit reads.
He said Brown’s attack on the “bona fides and truthfulness of Eskom and its board” was not well-founded and that Eskom would respond.
ANC spokesman Zizi Kodwa denied that the ruling party dictated to Brown.